Martinez-Jimenez

United States v. Martinez-Jimenez

Good Law
312 F. App'x 41
United States Court of Appeals for the Ninth CircuitFebruary 10, 2009No. 07-50352California268 words

Opinion

Lead Opinion

*42 MEMORANDUM **

Martin Martinez-Jimenez appeals his conviction and sentence for possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). The district court denied defendant’s motion to suppress his confession and motion for new trial after several evidentiary hearings, ruling that agents did not deliberately use a two-step interrogation process. See United States v. Williams, 435 F.3d 1148, 1157 (9th Cir.2006). We review de novo a district court’s decision to admit statements that may have been obtained in violation of Miranda. United States v. Rodriguez-Rodriguez, 393 F.3d 849, 855 (9th Cir.2005). We review for clear error the district court’s underlying factual findings, including the finding of deliberateness. Id.; United States v. Narvaez-Gomez, 489 F.3d 970, 974 (9th Cir.2007). We affirm.

The district court did not err in denying Martinez-Jimenez’s motion to suppress and motion for new trial. The agents in this case did not deliberately employ a two-step interrogation technique to undermine the Miranda warnings. See Williams, 435 F.3d at 1158-59 . In fact, the record shows that Martinez-Jimenez volunteered his desire to speak to the agents…

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